North Carolina § 7A-770 - Purpose.

§ 7A-770. Purpose.

This Article shall be known and may be cited as the "Sentencing Services Act." The purpose of this Article is to establish a statewide sentencing services program that will provide the judicial system with information that will assist that system in imposing sentences that make the most effective use of available resources. In furtherance of this purpose, this Article provides for the following: Establishment of local programs that can provide judges and other court officials with information about local correctional programs that are appropriate for offenders who require a comprehensive sentencing plan that combines punishment, control, and rehabilitation services. Increased opportunities for certain felons to make restitution to victims of crime through financial reimbursement or community service. Local involvement in the development of sentencing services to assure that they are specifically designed to meet local needs. Effective use of available community corrections programs by advising judges and other court officials of the offenders most suited for a particular program. History (1983, c. 909, s. 1; 1991, c. 566, ss. 2, 3; 1999-306, s. 1.) Local Modification. - (As to former Part 6 of Article 11; now this article, see note) Buncombe: 1987, c. 862. Editor's Note. - This Subchapter is former Part 6 of Article 11 of Chapter 143B as rewritten by Session Laws 1991, c. 566, s. 2, and recodified. Where appropriate, the historical citations to the section in the former part have been added to the corresponding sections in the subchapter as rewritten and recodified. References to "this Part" have been changed to "this Article". Session Laws 2002-126, s. 14.7(a), provides: "The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, of the Administrative Office of the Courts to conduct the Sentencing Services Program, as provided by Article 61 of Chapter 7A of the General Statutes, are transferred to the Office of Indigent Defense Services. However, pursuant to the provisions of G.S. 7A-498.2(c), the Administrative Office of the Courts shall continue to have the responsibility of providing general administrative support to the Sentencing Services Program." Session Laws 2002-126, s. 14.7(g), provides: "As of July 1, 2002, the number of State positions assigned as administrative staff is reduced from 11 to four. Notwithstanding the provisions of G.S. 7A-772(b), the number of State positions shall not exceed 26. The Office of Indigent Defense Services may reallocate State employee positions in order to provide sentencing services in any of the districts formerly served by non-State agencies. The Office of Indigent Defense Services shall renegotiate contractual arrangements with some of the highest performing nonprofits that have administered sentencing services programs to date. Within existing funding, the Office of Indigent Defense Services may also contract with individuals or organizations to provide additional sentencing services." Session Laws 2002-126, s. 1.2, provides: "This act shall be known as 'The Current Operations, Capital Improvements, and Finance Act of 2002'." Session Laws 2002-126, s. 31.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2002-2003 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2002-2003 fiscal year. For example, uncodified provisions of this act relating to the Medicaid program apply only to the 2002-2003 fiscal year." Session Laws 2002-126, s. 31.6 is a severability clause.